JOHNSON v. JAMAICA HOSPITAL MEDICAL CENTER


21 A.D.3d 881 (2005)

800 N.Y.S.2d 609

JAMES JOHNSON, Appellant, v. JAMAICA HOSPITAL MEDICAL CENTER et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Second Department.

September 6, 2005.


Ordered that the judgment is reversed, on the law, the motions are denied, the complaint is reinstated, and a new trial is granted, with costs to abide the event.

On June 11, 1996, the plaintiff arrived at the emergency room of the defendant hospital with a gunshot wound which had severely fractured his tibia. The defendant Robert Rosenthal was chief of orthopedic surgery at the hospital and the attending orthopedic surgeon then on call in its emergency room. Rosenthal...

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